MARILIN SAMMY WALLACE is contending that two years ago her queries about expenses for certain Industrial Court officials were met with a threat to remove her as acting registrar of the court.

Among the persons she held discussions with about the threat was former Chief Justice Michael de la Bastide. The former CJ, Sammy-Wallace stated in a case she has filed in court seeking judicial review of a decision of the Judicial and Service Commission to remove her, advised her to give up her position as registrar of the court. De la Bastide, Sammy-Wallace stated, warned her that if she stayed on, she could become a victim, and become the next Gene Miles.

Sammy-Wallace, also an attorney, who was yesterday granted leave by Justice Peter Jamadar to file for judicial review stated in an 18-page affidavit her complaints to de La Bastide. She is challenging the commission’s decision to remove her last year as registrar of the court. In June 2002, Sammy-Wallace stated, she tried to raise with the Court’s officials the Auditing Assistant’s query concerning leave passage paid to certain officers in 2000. She was told, she said, that it was unthinkable that Parliament would allocate millions of dollars to the court without the Court having full authority to make purchases as it saw fit. She said that on July 12, 2002, she was summoned to a meeting with de la Bastide at the Hall of Justice. He was also the chairman of the Judicial and Legal Services Commission.

De la Bastide, she said, told her that he well understood the position she was in and informed her that she could challenge whatever the outcome of the Industrial Court’s report on her performance. He also said: “That I could fight it in court provided I had the energy to do so. He also suggested that I could choose to remain at the court and become a victim, and the next Gene Miles.” She also contended that at the meeting, the former CJ asked her if she would not consider applying to him for a transfer out of the Industrial Court. The case has been fixed for hearing in July before Justice Peter Jamadar.

Three members of the Industrial Court have been advised by a High Court Judge to answer allegations made against them by a former Registrar of the Industrial Court.

Sitting in the San Fernando Civil Court yesterday, Justice Peter Jamadar ordered that three Industrial Court officials —President Addison Khan, Vice President Gladys Gafoor and Herbert Soverall —all be served with affidavits sworn by former Registrar Marilin Sammy-Wallace. He described allegations made against the three, as well as against the Judicial and Legal Services Commission, JLSC, as “serious ones” that needed to be answered. Justice Jamadar also removed the Attorney General as a party to the proceedings, and instead included the JLSC, which was not originally named in Sammy-Wallace’s writ.

Former Industrial Court Registrar, Sammy-Wallace, last year challenged certain expenditures by court officers, including money for entertainment and plane tickets. In an 18-page affidavit, Sammy-Wallace also stated that on July 2, 2002, she objected to a chauffeur allowance that was being paid to  a certain officer. After acting as the court’s registrar, Sammy-Wallace was removed by the Judicial and Legal Services Commission based on a performance report to the commission, prepared by the President of the Industrial Court, Addison Khan.

Yesterday, Justice Peter Jamadar granted leave for Sammy-Wallace to seek judicial review of the commission’s decision.  In granting leave, the judge, presiding in the San Fernando First Civil Court, described the case as one which impacted directly on the efficient functioning of the Industrial Court. Addressing the applicant’s attorney Khemraj Harrikissoon, and counsel for the Attorney General, Nadine Nabbie, Justice Jamadar said that the allegations were serious and should be answered. At this point, attorney Ravi Rajcoomar announced his appearance on behalf of officers Khan, Gladys Gafoor and Herbert Soverall.

Yesterday, the State offered no objection to leave being granted for the substantive matter to be heard, but Justice Jamadar took issue with the Attorney General being a party to the action. Following written legal submissions by both sides, Justice Jamadar struck out the AG as the respondent. Instead, the judge ordered that the commission be made a respondent. He ordered that Sammy-Wallace’s affidavit and documents be served on the Industrial Court officers, as well as on the commission. The judge further ordered that the President of the Industrial Court, its Vice President and Soverall, indicate by May 25 any intention to make an application in the proceedings.

Justice Jamadar refused a request for the case to be transferred to Port-of-Spain, and fixed hearing before him in the San Fernando High Court, tentatively between July 21 and 31. Yesterday, Justice Jamadar ordered that the commission’s affidavits must be filed by May 21. The judge fixed a status hearing of the case before him on May 26 in the Hall of Justice, to determine any oustanding matters before the trial gets started.

A 70-year-old pensioner and his 40-year-old son were shot on their legs by three gunmen, who tortured and severely beat the family at their Penal home early yesterday morning.

The mask bandits who reportedly terrorised the family for almost three hours, eventually escaped with a licensed 16 guage shotgun, 10 cartridges and $85,000 worth of cash, jewelry and household appliances. Alfonsus Ramcharan underwent surgery late yesterday evening to remove two bullets that were lodged in his legs and was said to be in a stable condition at Ward 4 of the San Fernando General Hospital. His elderly father, James Ramcharan, a retired coffee farmer who was shot in his right leg, was transferred to the Port-of-Spain General Hospital.

According to police reports, the drama unfolded around 2 am when the men cut a padlock on a burglar-proofed door and forced open the front door of the family’s home at Scotts Road. The pensioner, his wife Silvia, 63, their son, Alfonsus and his common-law wife, Savita Nanan, 36, their grandson, Daren Hamid, 9, and a Guyanese friend, were all asleep when the men stormed into the house.

Recalling the terrifying ordeal yesterday, Silvia said she and her husband were jolted out of sleep by two men with guns. “They tied our hands with pieces of cloth and ordered us to lie on the ground,” she said. The woman said the men took them to their son’s bedroom where the other members of the family were already tied up. “They (bandits) were beating them with pieces of cord all over their body. They keep asking us where the money. Where all the money is,” she added. She said she directed the men to a draw where they found a “few thousands” and gave them all her jewelry but the men were still not satisfied.

At one point, the woman said, one of the men grabbed her grandson and cut him with a knife on his leg. She said the men stripped the boy naked, placed a knife to his genitals and threatened to cut it off, if the family did not say where the money was being kept. She said the bandits told her that they knew she sold her land and had a lot more money. “We kept telling them we don’t have money but they keep beating us,” the woman said as she showed the long marks on her back caused by the piece of cord. The elderly woman said before her son and husband were shot the men placed pillows on their legs to muzzle the loud explosions. According to Silvia, even though her husband and son were crying out in pain, the bandits continued beating them about their bodies. She said the bandits ransacked the house and stole several appliances including an air condition unit, CD player and microwave oven. Throughout the ordeal, Silvia said she was praying that the men would not kill them.

“I told them if we had the money we would not lie down here and let my family get beaten like this,” she added.  After almost three hours of pain and torment, she said, the three men left them alone in the room. She said when she did not hear them walking around the house she decided to get help. She said she went into the kitchen, picked up a knife which she used to free her grandson’s hands, who then untied her. Silvia said when she tried to dial the police she realised that the gunmen had severed the telephone line. “I and my grandson was the only ones who could walk. Everybody else could not get up because they were in real pain,” she said.

Silvia said she ran to a neighbour’s house from where she telephoned the police. The elderly woman, who has decided to stay with her relatives for a while, said she had no idea why the bandits thought her family was wealthy. She said her daughter-in-law and Ramsaran, who had been staying with them for a few days, were both treated and discharged from hospital. “This is the first time something like this happen to us. We always hearing about the crime in the country but we never thought this would ah happen to us,” she stated. Visiting the scene was a party of officers including Insp Brathwaite, Sgt Trea, Cpl Monsegue, PCs Badree, Douglas and WPC Johnson. Investigators said the crime was well orchestrated, and they were working on a few leads.

Government yesterday agreed to inject $116.8 million into BWIA so that it could continue to fly. But the Cabinet laid down certain conditions for its assistance to the loss-making airline.

Among those conditions are that the airline review and revise executive compensation contracts as well as review and revise the salaries and allowances of all its staff from April 1, 2003. The airline must also review and revise its policy on free and rebated travel affforded to staff and retirees “to reflect the financial conditions of the airline”. The airline must also  review the management structure and the management team and restructure them “with dispatch and in the shortest possible time”. The other conditions are that the airline increases the productivity of its flight staff through the revision of work and rest regulations, and that the Board of BWIA must also seek to get from the private sector shareholders some commitment as to their own contribution towards the sum of  $116.8 million.

The announcement was made by Dr Lenny Saith at yesterday’s post-Cabinet news conference. Government, which had talked about acquiring more equity in exchange for any funding, is not moving to increase its shareholding at this point. In fact, Saith stressed that Government, does not control the company, and cannot force the Board of Directors to adhere to its conditions. However, he pointed out: “Clearly tomorrow we are not handing over a cheque for $116.8 million, the Ministry (of Finance) would work out with BWIA (saying) ‘you have to do all these things’. There are deadlines for getting it done and then monies would be released as these things are done,” he said. Minister in the Ministry of Finance Ken Valley said that the money is to be provided either in the form of an interest-free loan from government to the airline, or in the form of a Government guaranteed loan, backed by a letter of comfort.

The $116.8 million would be used to pay severance, to pay outstanding amounts to the aircraft leasers of TT $25 million, the US transport taxes of $12 million, and $23 million for working capital.  Saith said the way the money is provided and disbursed would be the subject of discussions between the Ministry of Finance and the airline. Saith said government also planned to bring a consultant on board to go into BWIA and do several things: 1) advise on the transition arrangements for the regional airline and what are the implications for BWIA; 2) determine what funding BWIA would require during this transitional period; 3) recommend the configuration and appropriate operational and management structure, including shareholding, for any new regional airline and 4) outline the operational requirements for positioning Piarco as an air transportation hub. 

The consultant  has to submit a report by June 30 to an inter-ministerial team which is chaired by Saith, and which comprises also Franklin Khan, Ken Valley, Dr Keith Rowley, Conrad Enill, Colm Imbert and the Attorney General. In addition to the consultant, a technical team of government officiers from the Ministries of Trade, Works, Finance, Tourism and Attorney General will also advise the Inter-ministerial team. Government also agreed to support the formation of a regional airline for the Southern and Eastern Caribbean, he said.

Government has again come to the assistance of cash strapped BWIA but unions are not happy that the board and management remain untouched.

President of the Communication Transport Workers Union (CATTU) Jagdeo Jagroop said yesterday the union would have prefered if the board and management were changed. “They’ve again put money in these people’s hands and that to me is worrying,” he said. “I believe they have given in to the interest of the business sector.”

At a special Cabinet meeting yesterday, Government decided to offer a $116.8 million loan to BWIA. The loan comes with a number of conditions including that the board conduct a review of management, salaries of all employees and increased productivity by flight crews. Part of the loan will go toward paying about $55 million owed to workers retrenched in January.

Cabinet also met with representatives from the board, executive management, including president and CEO Conrad Aleong and unions. “We would have prefered to see a change of board and CEO because we feel the problem lies with management and the board has the final say,” Jagroop said. He also said while all salaries will be reviewed, management should bear the brunt of the cuts, not general staff. “Their salaries are already low and there has been no increase since 2001. I don’t see it as practical for general staff to get wage cuts,” he said.

The unions have asked to be part of the steering committee set up to review the airline. Communications director Clint Williams took a different line, saying that Government’s decision supports management’s approach in the past few months. “It demonstrates what we’ve been saying, that what the airline is experiencing is only in the shortrun,” he said and added that the review of management did not necessarily reflect badly on the executives: “the airline is in constant review of processes so it will always be looking at that.” As he was leaving the meeting, Aleong would only say that the decisions were, “very positive for BWIA”.

CABINET has no record of any decision giving permission to the Customs Department to waive duties to the Airports Authority (AA) for items to be used for the construction of Piarco Airport.

This was confirmed yesterday by Secretary to Cabinet, Andrea Woo-Gabriel, when she was recalled to give evidence before the Commission of Inquiry into the Airport Project. Woo-Gabriel told Commission attorney Margaret Rose, that as requested by the Commission, she had researched the matter. She said she found no Cabinet record showing approval for Customs to waive or remit duties to the AA for speciality equipment which was part of construction package 13. Former AA Chairman Tyrone Gopee in a March 5, 2001 letter to then Transport Minister Jearlean John, claimed customs duties and VAT charges for speciality equipment in CP13 were waived.

Woo-Gabriel was the only person to give evidence yesterday. NIPDEC’s Project Manager ,Kenneth Critchlow, was also scheduled to be questioned by attorney Sean Cazabon, who represents former Housing Minister John Humphrey. However NIPDEC’s attorney, Christopher Hamel-Smith, told the Commission that Critchlow was involved in a minor accident and was unable to attend. The inquiry was adjourned to Tuesday at 9.30 am when Critchlow is expected to appear. Gopee and his attorneys Carol Gobin and Nicole Mohammed are also expected to appear.

THE SCHEDULED sailing of the inter-island ferry MV Beauport was delayed for three hours yesterday after approximately 40 crew members of the vessel withheld labour to protest non-payment of  their March wages.

This was confirmed by Manager, Scarborough and Government Shipping Services (GSS) at the Port Authority of TT (PATT),  Leon Grant, who blamed the non-payment of the wages on bureaucracy. The situation was resolved following a meeting between PATT and the Seamen and Waterfront Workers Trade Union (SWWTU) at which the PATT agreed to make an interim payment to the workers by yesterday afternoon. The workers will be receiving their full salaries next week.

Grant pointed out that the PATT was not the workers’ employer, since there was a lease arrangement between the Government and the foreign firm, ISP International Shipping Partner. He said the PATT decided to intervene “as they recognised the importance of the service”. Grant assured passengers booked to travel on the ferry this Easter weekend that they would have no trouble, as the matter had been temporarily resolved.

SWWTU President Michael Annisette confirmed that over 36 crew members withheld labour to protest the non-payment of wages. He said this was an ongoing issue, and the union and PATT had agreed to pay US$200 to the disgruntled workers on the vessel’s return to Trinidad. He said the PATT and SWWTU were seeking a meeting “with the powers that be” to ensure the workers were paid in a timely fashion. Annisette warned that if PATT “should fail to honour or deliver on the agreement arrived at, the union would not be responsible for any action the workers might take”.

OPPOSITION LEADER Basdeo Panday signalled his intention to lead the United National Congress (UNC) into the 2007 General Elections by announcing he will stand for re-election as political leader when the UNC  holds internal executive elections in July.

Following last October’s general elections defeat to the People’s National Movement (PNM), Panday said he wished to retire from active politics. However, following meetings between former UNC deputy leader Ramesh Lawrence Maharaj and high-ranking party members, Panday chastised those members and reversed his earlier decision to step down.

UNC chairman Wade Mark told Newsday yesterday that 23 positions in the party’s executive will be up for grabs in those elections which are scheduled to be held around the end of July.  Two of those positions are political leader and deputy political leader, the latter of which has been vacant since Maharaj was expelled from the party prior to the December 2001 general elections. Asked whether there was anyone within the UNC’s ranks that was considering challenging Panday for the party’s top post, Mark explained there was still a nomination process to undergo and he “could not predict the future”. While Panday has said he would abide by the party’s wishes if it selected a new leader, UNC sources are uncertain whether anyone could successfully replace Panday as leader.

Following last year’s elections, party sources claimed that Panday’s wife Oma and three UNC MPs — Dr Roodal Moonilal, Kelvin Ramnath and Dr Fuad Khan — were insisting that Panday make way for new blood. Moonilal and Ramnath denied ever having leadership ambitions, while Khan admitted to having political discussions with Maharaj about the UNC’s future. Mark also disclosed that the party has established a team headed by Siparia MP Kamla Persad-Bissessar and former UNC Diego Martin East candidate Garvin Nicholas to review the UNC’s Constitution. He said this team will closely examine whether there should be more than one deputy leader as currently obtains within the PNM. The UNC chairman hinted that a new constitution might be in place before the July polls. He also said the party is seeking to make temporary appointments to the posts of deputy political leader, deputy chairman and seven other vacant positions.